Amendment

Bill No. 1187

Amendment No. 793019

CHAMBER ACTION
Senate		House
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1	Representative Poppell offered the following:
2
3	Amendment
4	Remove line(s) 68-170 and insert:
5	tractors and farm equipment to the consuming public, but does
6	not include:
7	(a)  A receiver, trustee, administrator, executor, personal
8	representative, guardian, or other person appointed by or acting
9	under judgment, decree, or order of any court.
10	(a)(b)  A public officer while performing her or his duties
11	as such officer.
12	(b)(c)  A person making casual or isolated sales of her or
13	his own tractors or items of farm equipment not subject to sales
14	tax under the laws of this state.
15	(c)(d)  A person engaged in the auction sale of tractors
16	and farm equipment.
17	(d)(e)  A dealer in used tractors and farm equipment.
18	(e)  A mass-market retailer.
19	(2)  "Dealership" means the business of selling or
20	attempting to effect the sale by a dealer of new equipment or
21	the right conferred by written or oral agreement with the
22	manufacturer, distributor, or wholesaler, for a definite or
23	indefinite period of time, to sell or attempt to effect the sale
24	of new equipment.
25	(3)(1)  "Distributor" or "wholesaler" means any person,
26	firm, association, corporation, or company that sells or
27	distributes new tractors and farm equipment to tractor or farm
28	equipment dealers and that maintains distributor representatives
29	within this state.
30	(4)(2)  "Distributor branch" means a branch office
31	maintained by a distributor or wholesaler which sells or
32	distributes new tractors and farm equipment to tractor or farm
33	equipment dealers.
34	(5)(3)  "Distributor representative" means a representative
35	employed by a distributor, distributor branch, or wholesaler.
36	(6)  "Farm Equipment" means those tractors, farm
37	implements, or items which are primarily designed for or used
38	use in agriculture. Equipment designed for or used in off-road
39	construction, mining, utility, and industrial purposes is not
40	included in this definition.
41	(7)(4)  "Factory branch" means a branch office maintained
42	by a manufacturer which manufactures and assembles tractors and
43	farm equipment for sale to distributors of tractors or to farm
44	equipment dealers or which is maintained for directing and
45	supervising the representatives of the manufacturer.
46	(8)(5)  "Factory representative" means a representative
47	employed by a manufacturer or factory branch for the purpose of
48	making or promoting the sale of tractors and farm equipment or
49	for supervising, servicing, introducing, or contracting with
50	tractor or farm equipment dealers or prospective dealers.
51	(9)(7)  "Franchise" means a contract or agreement, either
52	expressed or implied, whether oral or written, for a definite or
53	indefinite period of time in which a manufacturer, distributor,
54	or wholesaler grants to a tractor or farm equipment dealer
55	permission to use a trade name, service mark, trademark, or
56	related characteristic and in which there is a common interest
57	or community of interest in the marketing of tractors or farm
58	equipment or services related thereto at wholesale or retail,
59	whether by leasing, sale, or otherwise.
60	(10)(8)  "Franchisee" means a tractor or farm equipment
61	dealer to whom a franchise is offered or granted.
62	(11)(9)  "Franchisor" means a manufacturer, distributor, or
63	wholesaler who grants a franchise to a tractor or farm equipment
64	dealer.
65	(12)(10)  "Fraud" means and includes actual fraud or
66	constructive fraud as normally defined, in addition to the
67	following:
68	(a)  A misrepresentation in any manner, whether
69	intentionally false or arising from gross negligence, of a
70	material fact.
71	(b)  A promise or representation not made honestly and in
72	good faith.
73	(c)  An intentional failure to disclose a material fact.
74	(d)  Any artifice employed to deceive another.
75	(13)(11)  "Manufacturer" means any person engaged in the
76	business of manufacturing or assembling new and unused tractors
77	and farm equipment.
78	(14)(12)  "New tractor or farm equipment" means a tractor
79	or item of farm equipment which has not been previously sold to
80	and put into regular use or service by any person, except a
81	distributor, wholesaler, or tractor or farm equipment dealer for
82	resale.
83	(15)(13)  "Person" means a natural person, corporation,
84	association, partnership, trust, or other business entity and,
85	in the case of a business entity, includes any other entity in
86	which the business entity has a majority interest or which it
87	effectively controls, as well as the individual officers,
88	directors, and other persons in active control of the activities
89	of each such entity.
90	(16)  "Relevant market area" means the geographic area for
91	which a dealer is assigned responsibility for selling or
92	soliciting or advertising the sale of equipment under the terms
93	of a franchise.
94	(17)(14)  "Sale" means and includes the issuance, transfer,
95	agreement for transfer, exchange, pledge, hypothecation, or
96	mortgage in any manner or form, whether by transfer in trust or
97	otherwise, of any tractor or item of farm equipment or interest
98	therein, or of any franchise related thereto, for a
99	consideration and any option, subscription or other contract, or
100	solicitation, looking to a sale, or offer or attempt to sell in
101	any form, whether in oral or written form for a consideration.
102	(18)  "Termination" means the termination, cancellation,
103	nonrenewal, or noncontinuation of a contract or agreement.
104	(19)(15)  "Tractor" means a vehicle that is operated
105	principally upon a farm, grove, or orchard in connection with
106	agriculture agricultural or horticultural pursuits.

CODING: Words stricken are deletions; words underlined are additions.